48 A.D.2d 998 | N.Y. App. Div. | 1975
Appeals from judgments of the Supreme Court at Special Term, entered May 14, 1975 in Albany County, which granted petitioners’ applications, in proceedings pursuant to CPLR article 78, to vacate the order in each proceeding issued by the Public Employment Relations Board. In November of 1974 the Albany Police Officers Union and Albany Permanent Professional Firefighters Association filed separate improper practice charges with the Public Employment Relations Board (PERB) against the City of Albany for refusal on the part of the city to negotiate a variety of topics in good faith, in violation of subdivision 1 of section 209-a of the Civil Service Law. The topics of disagreement were submitted to PERB. The parties agreed upon the facts, filed briefs and subsequently PERB ordered the city to negotiate with the unions in regard to several of the topics which were held to be mandatory subjects of bargaining. Thereafter, the city commenced article 78 proceedings to annul PERB’s finding in each proceeding that the following are mandatory subjects of negotiation: (1) paid time off for union activities; (2) work rules; and (3) retirement benefits which do not require legislative approval. Special Term held that none of the three topics was a mandatory subject of negotiation. We do not agree. The topic of leaves of absence, with or without pay, for any purpose affects the hours of actual employment required for public employment. Such issues as the length of work year, vacations, sick leave and personal leave are accepted as being part of the terms and conditions of employment. They are a function of hours of work and, thus, a term of employment. Paid time off for union activity falls into the same category. (Cf. Matter of City School Dist. of City of Oswego v Helsby, 42 AD2d 262.) It cannot be held that PERB’s determination that such topic is a mandatory subject of negotiation is arbitrary, capricious or unreasonable. (See Matter of West Irondequoit Teachers Assn. v Helsby, 35 NY2d 46.) Likewise, PERB’s determination that the general subject of "work rules” also involves a condition of the employment and, consequently, is mandatorily negotiable, is not unreasonable. Since no question as to the negotiability of any specific .work rule was presented, PERB did not determine that any specific proposed rule was included as a mandatory topic of bargaining. As for the third and last subject, Special Term interpreted the applicable statutory provisions to mean that only the employer has the option to negotiate improvement of retirement benefits. PERB construed such statutory scheme as permitting employee organizations to negotiate for improvements in retirement benefits between July 1,